A recently published ruling of the Presidium of the Court for Intellectual Rights may turn the issue of cascading divisional applications upside down and endanger many patents granted on such applications. Background A divisional patent application is a separate one that is derived from an initial (parent) application. The necessity of filing such a divisional…
The Unitary Patent system is doing much better than expected, with almost 80 cases in the first six months and about 20-25% of new European patents converted to UPs, according to Paul England. He is senior counsel at Taylor Wessing and co-author of the Practitioner’s Guide to the Unified Patent Court and the Practitioner’s Guide…
The EPO and BRPTO are adopting the WIPO Standard ST.26 for the submission of sequence listings in national and international applications filed on or after July 1st, 2022. WIPO Standard ST.26 establishes new rules for the presentation of biological sequences in extensible markup language (XML). This format has many advantages over the former ST.25 (TXT)…
An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in the latest two years, specifically focusing on the availability of interim injunctive relief for SEP owners and FRAND terms. In the recent proceedings…
A recent letter by the EPO’s Central Staff Committee (CSC) about Rewarding quality in the core business is too important and far too well-written to remain unnoticed. Perhaps unsurprisingly, it confirms the reality of the problems addressed in my earlier posts, e.g. (1), (2) and elsewhere. Despite its uplifting title “50 years EPC – Rewarding…
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not the faith of all generics, as Teva found out in Dutch litigation over its generic version of Grünenthal’s Nebido:…
The requirement for immediate and complete substantiation of a request for re-establishment corresponds to the principle of “Eventualmaxime/ Häufungsgrundsatz/ le principe de la concentration des moyens”, according to which the request must state all grounds for re-establishment and means of evidence without the possibility of submitting these at a later stage. Dynamic interpretation of the…
The Unified Patent Court has refused to grant 10x Genomics a second preliminary injunction against rival NanoString, as it was not convinced of the infringement of 10x’s patent. The case concerned European Patent 2 794 928 B1 (EP 928 patent). In a reaction to the decision, 10x Genomics pointed out: ‘the injunctions granted by the…
The start of the Unified Patent Court is a very special time for patent enthusiasts in Europe. Johanna Flythström, a Helsinki-based partner of law firm Roschier has said this in a podcast interview on the occasion of the launch of the new UPC Case Law Tracker from Wolters Kluwer. “There was a lot of anticipation building…
Brazil’s president published, on September 27, Decree No. 11,715/2023 which institutes the “National Strategy for the Development of the Economic-Industrial Health Complex”. This decree aims at directing public and private investments towards the health and innovation sectors to reduce the Public Health System’s (SUS) vulnerability and increase access to medicines. It aims to do this…
